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Do I Need A Divorce Attorney?
Determining whether you need a divorce lawyer usually depends on the divorce itself. There are many unforeseen circumstances that could arise. Usually if a marriage has lasted for an long period of time, or if you have community property an attorney is generally a good idea. Also, if there are any joint liabilities, a lawyer knows the laws for your state.
Some people feel better if they are represented in court. Especially if the divorce is being contested. The more amicable and less assets there are in the marriage the less likely the need for an attorney. It is always advisable to rule on the side of cation. If you are unsure, you can seek a no obligation consultation. Chances are though, they will want your business and will convince you that you need them. If your soon to be ex-spouse has legal counsel, you should definitely obtain an attorney.
One circumstance that you do not want to go unrepresented is when there is a custody battle. If there are children involved, then there is probably some sort of child support. This is something that you at least want guidance on. Even if you jointly use a divorce attorney as a mediator, it is best to know that your decisions are legally binding. There are situations during uncontested divorces that attorneys can actually make things more complicated and expensive. If the couple seeking divorce does not have any joint assets, or children it can prove to be more beneficial to do it yourself. Sometimes what two people agree to is not what an attorney would deem “fair”, and may try to convince their represented party to try to get what they believe they are entitled to.
In situations where one party is entitled to alimony they may not want the constant reminder of their previous marriage. This may sound foolish to some people, especially attorneys, but it is their right. One person may just want to walk away and give everything to their ex-spouse, Again, this is probably not advisable, but it is their choice. On the other hand, someone may think they are not entitled to alimony, when in fact they are. Or there may be a situation where there are hidden bank accounts and assets, then you would want some sort of legal help to assure you receive what you are entitled to.
If you should decide that you do want a divorce attorney, be sure to get one that has an interest in your personal well being, and not just your business. Friends and family are a great source for referrals. Make sure that you have someone as good, if not better than your ex-spouse. If you do not, you may as well save your money, and do things yourself. If there is ever a time not to skimp on money, this is the time. It does not mean to get the most expensive lawyer, but if you are fighting for custody and/or valuable assets, you only get one chance to do it right. |
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